Sale and Disposal of National Forest System Timber; Administration of Timber Export and Substitution Restrictions

This final rule implements the Forest Resources Conservation and Shortage Relief Act of 1990 (Act). It defines certain terms necessary to facilitate uniform compliance; prohibits transfer of unprocessed private timber for export by a person who possesses or acquires unprocessed Federal timber; prohibits export of such unprocessed private timber by a third or successive parties; prescribes procedures for reporting the acquisition and disposition of Federal and private timber, including transfers; prescribes procedures for identifying unprocessed Federal and private timber requiring domestic processing; establishes procedures for assessing civil and criminal penalties and applying administrative remedies for violations of the Act, its implementing regulations, and contracts issued under the Act; and authorizes Regional Foresters' entry into cooperative agreements with other agencies. This comprehensive rule incorporates, with some changes, the provisions of the interim rule published November 20, 1990 (55 FR 48572) which established sourcing area procedures; continued surplus species determinations; and continued the existing reporting procedures applicable to timber sale contracts awarded prior to August 20, 1990. This comprehensive rule also incorporates the final rule of limited scope, published December 19, 1991 (56 FR 65834), which: Continued the existing reporting procedures applicable to timber sale contracts awarded prior to August 20, 1990; amended the interim rule for sourcing area disapproval and review procedures; and established application procedures for persons applying for a share of the limited amount of unprocessed timber originating from National Forest System lands in the State of Washington that are exempted from the prohibition against indirect substitution. This comprehensive rule also establishes the specific quotas for indirect substitution in Washington State. This comprehensive rule fully implements the Act, except for the determination of s